Ellis Washington
Gov. Mike Pence vs. the Shadow Constitution
By Ellis Washington
April 1, 2015

There are no crimes only criminals

~ Robespierre

No provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of civil authority.

~ Jefferson

Prologue: Are some religions more protected than others?

Can the government force Christian business owners to cater to gay customers even if doing so would violate their "sincerely held religious beliefs" protected under the First Amendment? Can the government order a Jewish Holocaust survivor and sign maker to provide swastika signs for a Neo-Nazi march? Can a Muslim Halal deli owner be compelled to make a ham sandwich with a side order of chitterlings if customers wants that kind of meal? If you read the state-controlled media of late the answer to the first question would be yes, and no for the other two. Why the contradiction in the application of the law?

"While RFRAs protect people of all faiths, from peyote-smoking Native Americans to Bible-toting florists," said David French in a National Review online blog entry, "the Left's outrage is narrowly targeted – against the Christian people whose livelihoods they seek to ruin, whose consciences they seek to appropriate, and whose organizations they seek to disrupt. #BoycottIndiana isn't a cry for freedom. It's nothing more than an online mob, seeking to bully those it hates."

History and Liberal fascism

Embattled Gov. Mike Pence (R-IN) is in the crucible of liberal fascism hatred and foolishly thinks that rationally explaining his position at a press conference on March 31 or in a WSJ.com op-ed will keep the socialist wolves on the Left at bay. He is severely mistaken and will soon learn how badly he underestimated the existential hatred of the Socialist Left against any overt expression of Christian morality in the marketplace of ideas. The demagoguery tactics have been successfully employed by the Left going back over 200 years to the Loyalists who treacherously sided with the English against their fellow American colonists who wanted freedom from the tyranny of King George III and the British Empire. And perhaps more famously Leftist outrage against societies Judeo-Christian traditions demonstrated in the French Revolution (1789-99), which was the apotheosis of modern liberalism which brought a genocidal end to the largely anti-God Age of Enlightenment. Liberal fascism was demonstrated on the eve of Hitler and the Nazi Party's rise to power where they unjustly targeted Jewish businesses for boycott. The U.S. Holocaust Memorial Museum website had this historical narrative of those events then which I argue mirrors today's by the Democrat Socialist Party:
    When the Nazis came to power, the lives of German Jews changed drastically. On April 1, 1933, the Nazis carried out the first nationwide, planned action against them: a boycott of Jewish businesses. Nazi spokesmen claimed the boycott was an act of revenge against both German Jews and foreigners, including US and English journalists, who had criticized the Nazi regime. On the day of the boycott, Storm Troopers stood menacingly in front of Jewish-owned shops. The six-pointed "Star of David" was painted in yellow and black across thousands of doors and windows. Signs were posted saying "Don't Buy from Jews" and "The Jews Are Our Misfortune."
The Wall Street Journal op-ed by Gov. Pence was written to "clarify" claims that Indiana's new Religious Freedom Restoration Act has been grossly misconstrued by the Democrat Socialist Party and their rent-a-mob allies as a 'license to discriminate.' Pence claims that isn't true, and his WSJ.com op-ed was written to declare why. Pence writes: "Last week I signed the Religious Freedom Restoration Act, known as RFRA, which ensures that Indiana law will respect religious freedom and apply the highest level of scrutiny to any state or local governmental action that infringes on people's religious liberty. Unfortunately, the law has stirred a controversy and in recent days has been grossly misconstrued as a "license to discriminate." Pence continues, "I want to make clear to Hoosiers and every American that despite what critics and many in the national media have asserted, the law is not a 'license to discriminate,' either in Indiana or elsewhere. In fact, the Religious Freedom Restoration Act reflects federal law, as well as law in 30 states nationwide. Indiana's legislation is about affording citizens full protection under Indiana law."

Judicial treason buried inside FDR's hidden footnote

In a 2012 essay I wrote titled The shadow power behind the Supreme Court, I endeavored to provide the historical and constitutional background of how the so-called Christian majority of 90+% can always be controlled by the 25% who are diehard Leftists and Socialists, or controlled by the 1-2% who are homosexuals. In 1937 President Franklin Delano Roosevelt, a Socialist-Progressive champion of the Left and the father the welfare state in America he called the "New Deal," wanted to marginalize Christian America once and for all, but how? Using proven liberal fascist tactics which dated back to the Loyalist and the French Revolution, FDR, incensed at the last gaps of natural law jurisprudence (the so-called Lochner Era [1897-1937]) and the "Four Horsemen of the Apocalypse-the four conservative Justices still on the Supreme Court who repeatedly blocked his New Deal programs as unconstitutional, pushed forward with his Judicial Procedures Reform Bill of 1937.

For 40 years during the Lochner Era, the Supreme Court courageously upheld the last vestiges of natural law jurisprudence in American law and the Framer's principle that Congress can't easily regulate the free market because such regulation constrains people's use of their private property, which conservative jurists understood as a natural right given to mankind by God, and thus can never be contravened by man or the State. The Court fearful that FDR would dilute the Court by adding six more handpicked Socialist Justices, acquiesced to his fascist demands and two Justices who had remained faithful to the Constitution, who had voted with the Conservative bloc (Chief Justice Warren Evan Hughes and Owen Stone), beginning in 1937 now voted with the Socialist jurists on the High Court. This is where we got the phrase: "A switch in time saves nine." Thus, a mere threat by a tyrannical Executive (Obama's hero) killed the original intent of America's Framers and natural law was now effectively and legally a deadletter. The Socialist Left replaced natural law with positive law, which is the separation of legality and morality. Check and checkmate!

Having achieved this deconstruction of the U.S. Constitution, FDR and the Socialist Left weren't through yet. One year later the Court ruled in the case Carolene Products v. U.S. (1938); a case thought to possess "the most famous footnote in constitutional law." This was the first case that the Court used the positive law language of "balancing tests" rather than history and applied minimal scrutiny (rational basis review) to the economic regulation in this case, but also proposed new levels of judicial review for certain other types of cases, none of which have any basis in the history of legitimate American jurisprudence (e.g., stare decisis). The effect gave legal legitimacy to FDR's fascist New Deal policies and integrated them throughout American law and policy.

Here is Justice Stone's famous Footnote Four, writing in orbiter dicta:
    There may be narrower scope for operation of the presumption of constitutionality when legislation appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten amendments, which are deemed equally specific when held to be embraced within the Fourteenth. ...

    Nor need we inquire whether similar considerations enter into the review of statutes directed at particular religious ... or national ... or racial minorities ...: whether prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry. [emphasis mine]
Obiter dicta (or dictum) are comments or observations made by a judge that, although integrated in the body of the court's opinion, do not form an essential part of the court's decision. It was the perfect hiding place for FDR to hide his treasonous coup d'état against the Constitution which would be unleashed just six years later.

Korematsu case leads to FDR's Concentration Camps in America

Carolene Products infamous "Footnote Four" would eventually integrate a Darwinian evolution atheism in America's jurisprudence based on humanism and positive law, a devious method of judicial review using inoffensive terminology (e.g., rational basis, intermediate scrutiny, strict scrutiny). A higher level of scrutiny, which became known as "strict scrutiny," was first applied in Justice Black's opinion in Korematsu v. U.S. (1944) – the case were FDR's infamous Executive Order 9066 ordered Japanese Americans into internment (i.e., 'concentration') camps during World War II, as a pretext to keep them from siding with Japanese Emperor Hirohito or committing terrorist acts in America.

Historically, FDR ordered Hitler-style concentration camps not only for the Japanese, but for his fellow Anglo-Saxons: the Italians and Germans. This entire deconstruction of the U.S. Constitution was achieved from a few irrelevant lines hidden in a footnote four in a Supreme Court case 6 years earlier. If the Socialist Left can get away with so blatantly taking away the freedoms of liberties of hundreds of thousands of American citizens, putting them in concentration camps by using the perverted power of the Supreme Court under a positive law paradigm in 1938 and 1944, then how in 2015 can We the People be so naïve to think we have any semblance of religious liberty save the scraps and crumbs the Socialist apparatchiks who control all of America's institutions allow us to scavenge from the ground like animals?

Epilogue: There are no crimes only criminals

The Progressive Revolution will never stop or compromise until the Christian church wakes up, change the judicial paradigm back to natural law and fights for religious liberty at every occasion. It doesn't matter to the Progressive Left as Pence cited "in 1990 the U.S. Supreme Court ruled in Employment Division of Oregon v. Smith that the First Amendment's free exercise clause could not be raised as a defense to generally applicable laws, even if the law infringed on a person's religious liberty." It doesn't matter to the Socialist Left when Pence wrote, "In response, Congress passed and President Clinton signed the Religious Freedom Restoration Act in 1993. This law limits federal government action that would infringe upon religion to only those acts that did not substantially burden free exercise of religion, absent a compelling governmental interest and in the least restrictive means." All that matters to the Socialist Left is the triumph of the Marxist-Atheist Revolution in America and throughout the world.

The 1960s radical anarchist group SDS (Students for a Democratic Society) had a popular slogan which Progressives use to this day: The issue is never the issue. The issue is always the Revolution! This means no matter how many Wall Street Journal op-eds Gov. Pence writes the Socialist Left and Progressives will continue to be outraged. No matter how many press conferences he gives explaining his real intent of the RFRA law, the liberal fascists will scream for blood just like the Loyalists did who treacherously fought on the side of the British during the American Revolution (1776-83); just like the fanatical Jacobins and their bloodthirsty Committee of Public Safety during the Reign of Terror did as the blood of Christian martyrs flowed like rivers in the streets of France for 10 years during the humanist, atheist French Revolution (1789-99).

It doesn't matter that Pence quoted Thomas Jefferson who wrote these enduring words of constitutional truth established in natural law, "No provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of civil authority." It doesn't matter that the Religious Freedom Restoration Act reflects federal law, as well as law in 30 states nationwide. And finally it doesn't matter that Gov. Pence concluded his Wall Street Journal op-ed with this apology to the hordes of the Democrat Socialist Party: "I regret that false narratives and misrepresentations of the RFRA have taken hold." I don't care how perfectly coiffed hair or how tailored Brooks Brothers suits is.

The overarching issue here is that history must triumph over unconstitutional balancing tests or America's moral Republic will be forever destroyed. Mike Pence and what's left of the so-called "Reagan Revolution" would be better served by compelling society to return back to the constitutional Framer's natural law paradigm and discard positive law jurisprudence established in the Darwin-Marx evolution/atheist worldview from every aspect of society that it has affected, particularly since FDR's Socialist Revolution of 1937, then you will have the proper historical, legal, moral and constitutional foundation to fully protect religious liberties. Otherwise conservatives, the Republican Party, Mike Pence and the Judeo-Christian majority in America will continue to be dominated and manipulated by the tyranny of the minority, thus fulfilling Ann Coulter aphorism which I paraphrase here: In the world of the evolution atheist Left just as in the world of Robespierre, "There are no crimes, only criminals."

Book Notice

Please purchase my latest opus dedicated to that Conservative Colossus, Supreme Court Justice Clarence Thomas. Here are the latest two new volumes from my ongoing historical series – THE PROGRESSIVE REVOLUTION: History of Liberal Fascism through the Ages (University Press of America, 2015):
However, before the book is officially released to the public, I have to place 100 pre-publication orders (50 orders per each volume). I need your help to make this happen ASAP. Please place your order today for Volume 3 & Volume 4. Of course, if you can order all 100 copies today, the book will become official tomorrow.

Please circulate this flyer to all your email contacts & Facebook/Twitter followers who may be interested in purchasing this opus which will serve as a ready apologetic against the rampant Marxist-Progressive propaganda taught in America's public schools, colleges, universities, graduate schools, and law schools. Thanks in advance to all my friends, associates and colleagues for your invaluable support! Law and History Blog: www.EllisWashingtonReport.com

Invitation for manuscripts

I am starting a new a program on my blog dedicated to giving young conservatives (ages 14-35) a regular place to display and publish their ideas called Socrates Corner. If you know of any young person who wants to publish their ideas on any subject, have them send their essay manuscripts to my email at ewashington@wnd.com.

© Ellis Washington


The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
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Ellis Washington

Ellis Washington is a former staff editor of the Michigan Law Review (1989) and law clerk at the Rutherford Institute (1992). Currently he is an adjunct professor of law at the National Paralegal College and the graduate school, National Jurisprudence University, where he teaches Constitutional Law, Legal Ethics, American History, Administrative Law, Criminal Procedure, Contracts, Real Property, and Advanced Legal Writing, among many other subjects... (more)


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